DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brookfield Multiplex Australasia Pty Ltd
(AG2016/4729)

BROOKFIELD MULTIPLEX AUSTRALASIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 3 AUGUST 2016

Application for approval of the Brookfield Multiplex Australasia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Brookfield Multiplex Australasia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brookfield Multiplex Australasia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 3 August 2016 and, in accordance with s.54, will operate from 10 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brookfield Multiplex Australasia Pty Ltd applied for the approval of the Brookfield Multiplex Australasia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant sought the approval of this agreement under the Fair Work Act 2009 (Cth), as the parties had been unable to reach a resolution through conciliation and mediation. The dispute involved the terms of the enterprise agreement, which was intended to govern the employment conditions of certain workers within the company.

The primary legal issue before the court was whether the terms of the enterprise agreement were in accordance with the provisions of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth). Specifically, the court needed to determine if the agreement complied with the requirements for approval, including whether it met the minimum terms and conditions set out in the Fair Work Act 2009 (Cth), and if it contained provisions that were contrary to the public interest. The court also needed to consider if the agreement had been made in good faith and whether the process leading up to the agreement was fair.

The court found that the enterprise agreement complied with the requirements of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth). It determined that the agreement contained the minimum terms and conditions as prescribed by the legislation, and that none of the provisions were contrary to the public interest. The court further concluded that the agreement was made in good faith and that the process leading up to it was fair. As a result, the court approved the enterprise agreement, recognising it as a legally binding contract between the parties.

The final order of the court was that the Brookfield Multiplex Australasia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act 2009 (Cth). The agreement was to come into effect from the date of the court's decision and would remain in force until such time as it was terminated or replaced by a new enterprise agreement.

Brookfield Multiplex Australasia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established